Iplex Pipelines Australia Pty Limited Summary

[2013] FWCA 6696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iplex Pipelines Australia Pty Limited
(AG2013/7660)

IPLEX PIPELINES AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT 2013 - TOOWOOMBA

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2013 - Toowoomba.

[1] An application has been made for approval of an enterprise agreement known as the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2013 - Toowoomba (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Iplex Pipelines Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 5 September 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Iplex Pipelines Australia Pty Limited applied for approval of the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2013. The application was heard in the Fair Work Commission, where the dispute involved the terms and conditions of employment for workers under the proposed agreement. The nature of the dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness and whether it provided for minimum entitlements.

The legal issues the court was required to decide included whether the agreement was made in accordance with the provisions of the Fair Work Act 2009, whether it met the procedural fairness requirements, and whether it provided for minimum entitlements as stipulated by the Fair Work Act. The court had to ensure that the agreement was not only procedurally sound but also substantively fair to the employees it covered.

The Fair Work Commission determined that the agreement was appropriately made and met the necessary procedural fairness requirements. The court found that the agreement was not only procedurally sound but also provided for minimum entitlements as required by the Fair Work Act. The Commission was satisfied that the agreement was fair and balanced and would serve the interests of both the employer and the employees. The application for approval was subsequently granted, and the agreement was registered.

The final orders of the court were that the Iplex Pipelines Australia Pty. Ltd. Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision ensured that the terms and conditions outlined in the agreement would become legally binding on the parties involved.

Iplex Pipelines Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established